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Jennifer Weaver

Partner, Healthcare Industry Co-Chair

Jennifer Weaver is a skilled litigator and fierce advocate for healthcare providers facing government investigations, multimillion dollar Medicare audits, and high-stakes litigation across the country. She co-chairs Waller’s Healthcare Industry Team.

When confronted by the vast resources and power of the government, clients value Jennifer's experience and tireless determination. She has built an impressive track record defending clients in False Claims Act (FCA) matters across the United States, including cases where the government has intervened. Jennifer has been equally successful appealing costly and potentially crippling Medicare audits conducted by Unified Program Integrity Contractors (UPICs). She has successfully reduced multimillion dollar overpayments to four or five figure overpayments through the Medicare appeals process, and convinced CMS to lift potentially devastating Medicare payment suspensions on behalf of providers.

In addition to her experience in government enforcement actions, healthcare providers rely on Jennifer's successful track record in complex business disputes. She has secured landmark defense verdicts in trials and pre-trial dismissals on behalf of healthcare providers in state and federal courts across the country.

Related Experience


False Claims Act (FCA) Defense

  • Won summary judgment on behalf of national pharmacy benefits manager in Texas federal court (affirmed by Fifth Circuit), resulting in a landmark defense ruling on the issue of falsity in one of the largest FCA cases in the country
  • Secured dismissal of FCA case against lab company based on failure to plead specific false claims, affirmed by Sixth Circuit only one year after case was first unsealed
  • Secured voluntary dismissal of FCA case against rural hospital in Texas in exchange for agreement not to seek attorneys' fees against physician whistleblower

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Medicare Audits and Appeals

  • Successfully overturned $27 million overpayment against multistate physician practice resulting from UPIC audit, reduced to $6900 through Medicare appeals process
  • Successfully overturned $16 million overpayment against national home health company resulting from UPIC audit, reduced to $20,000 through Medicare appeals process
  • Defended Texas-based home health company in UPIC audit finding 100% error rate on Medicaid claims for personal care services, successfully appealed to Texas OIG who concluded error rate was actually 0%

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Healthcare Business Disputes

  • Won a complete defense verdict at trial in California state court on behalf of an ambulatory surgery center company, defeating first-ever attempt to apply California's anti-forfeiture statute to an LLC buyout provision
  • Defended ambulatory surgery center company in multimillion dollar lawsuit filed by a disgruntled minority shareholder in California state court, alleging breach of fiduciary duty and unfair competition after board voted to terminate his interest in the LLC; won summary judgment on all counts in one of the strongest decisions protecting board decisions under California's business judgment rule, as well as an award of attorneys' fees
  • Won summary judgment on all counts in Tennessee federal court on behalf of healthcare clinical services company in case arising from failed acquisition, alleging breach of NDA, misappropriation of trade secrets and tortious interference with contract; affirmed by Sixth Circuit

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